Patent Registration

Conditions & Eligibility

To be eligible for protection, an invention must meet the legal conditions. An invention shall be eligible for protection in the form of the grant of an invention patent when it satisfies the following conditions:

• It is novel
• It is inventive
• It is susceptible to industrial applications.
• Unless an invention is common knowledge, it shall be protected in the form of the grant of a utility solution patent when it satisfies the following conditions: It is novel
• It is susceptible to industrial applications.

Government Fees

• According to the provisions of Points 3.1 and 3.2, Section A
• 1.6, 4.1, 4.2, and 5.1 Section B Schedule of industrial property fees and charges issued together with Circular No. 263/2016/TT-BTC, dated November 14, 2016, of the Ministry of Finance, the fees paid according to the maintenance application includes:
• Validity maintenance fees of of patents for inventions or utility solutions: 100,000 (one hundred thousand) VND/ each point of protection application
• Late maintenance fee: 10% maintenance fee/each month of late payment
• Maintenance request examination fee: 160,000 (one hundred sixty thousand) VND/protection title
• Charge for publication information of Notice of maintaining: 120,0

Validity

Patent author’s rights:

• Patents are protected from the date of the issuance of the protection certificate and last for 20 years from the filing date. For utility solutions, protection lasts for 10 years from the filing date. Protection cannot be extended. After the protection period expires, the patents become public property, and the public may use them freely.
• Copyright for works: Right to personal identity is protected indefinitely. Economic rights are protected for the lifetime of the author plus 50 years after the author’s death. In cases where the work has multiple authors, the protection ends 50 years after the last surviving co-author’s death.
• Note: For cinematographic works, photo